CIHM 
Microfiche 
Series 
(Monographs) 


ICMH 

Collection  de 
microfiches 
(monographies) 


Canadian  InatituM  for  Hiatorical  Mieroraproductiont  /  Inatitiit  Canadian  da  mleroraproductiona  hiatoriquaa 


1995 


Technical  and  Bibliographic  Notes  /  Notes  technique  et  bibliDgraphiques 


The  Institute  tias  attempted  to  obtain  the  t>est  original 
copy  available  for  filming.  Features  of  this  copy  which 
may  be  bibllographically  unique,  which  may  alter  any  of 
the  images  in  the  reproduction,  or  which  may 
significantly  change  the  usual  method  of  filming  are 
checked  below. 


0 


Coloured  covers  / 
Couverture  de  couleur 


I     I      Coveid  damag-Kl  / 

' — '      Couverture  endoi,imagte 

I     I      Covers  restored  and/or  laminated  / 
' — '      Couverture  restaur^  et/ou  pellicula 

I     I      Cover  title  missing  /  Ij  litre  de  couverture  manque 

I     I      Coloured  maps  /  Cartes  g^ographiques  en  couleur 

I     I     Coloured  inl<  (i.e.  other  than  blue  or  black)/ 

Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 

I     I     Cokxired  plates  and/or  illustrations  / 
' — '      Planches  et/ou  Illustrations  en  couleur 

I     1      Bound  with  other  material  / 
' — '      ReM  avee  d'autres  documents 

I     I      Only  edilkin  available  / 
' — '      Seule  edition  disponible 

I     I      Tight  binding  may  cause  shadows  or  distortion 
— '      along  Interior  margin  /  La  reliure  serr^e  peut 

causer  de  I'ombre  ou  de  la  distorsion  le  long  de 

la  marge  interieure. 

I  I  Blank  leaves  added  during  restorations  may  appear 
' — '  within  the  text.  Whenever  possible,  these  have 
been  omitted  from  filming  /  II  se  peut  que  certaines 
pages  blanches  ajoutdes  tors  cfune  restauration 
appaiaissent  dans  le  tsxte,  mais,  kxsque  cela  itait 
poesiile,  ces  pages  n'ont  pas  M  famtes. 


L'Instltut  a  mlcrofilme  le  mellleur  examplaire  qu'll  lui  a 
et6  possible  de  se  procurer.  Les  details  de  cet  exem- 
plaire  qui  sont  peut-6tre  uniques  du  point  de  vue  blbll- 
ographique,  qui  peuvent  modifier  une  image  reproduile, 
ou  qui  peuvent  exiger  une  modifications  dans  la  m^th- 
ode  nonTiale  de  fllmage  sont  indiqufe  ci-dessous. 


D 
D 
D 

D 
0 
D 

D 

D 


D 


Cokiured  pages  /  Pages  de  couleur 

Pages  damaged  /  Pages  endommagtes 

Pages  restored  and/or  laminated  / 
Pages  restaur^es  et/ou  pellksultos 

Pages  discoloured,  stained  or  foxed  / 
Pages  d^colortes,  tactiet^es  ou  pk^udes 

Pages  detached  /  Pages  d6tach6es 

Showthrough  /  Transparence 

Quality  of  print  varies  / 
Quality  jnegale  de  I'impression 

Includes  supplementary  material  / 
Comprend  du  materiel  suppl^mentaire 

Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  returned  to 
ensure  the  best  possible  Image  /  Les  pages 
totalement  ou  partiellement  obscurcies  par  un 
feuillet  d'errata,  une  pelure,  etc.,  ont  6ti  filmtes 
a  nouveau  de  fapon  a  obtenir  la  meillsure 
Image  p 


Opposing  pages  with  varying  colouration  or 
discolourations  are  filmed  twice  to  ensure  the 
best  possible  Image  /  Les  pages  s'opposant 
ayant  des  colorations  variables  ou  des  dteol- 
orations  sont  filmees  deux  lois  afin  d'obtenir  la 
mellleur  image  possible. 


0 


AddHkxial  comments  / 
Commentalres  suppKmentaires: 


Pagination  Is  «  follom  :  p.  t81-19S. 


Tliis  item  is  f  ilmad  at  the  riduclion  ratio  chMfctd  bdow/ 

C«  document  tst  filmi  eu  uux  d*  reduction  indiqut  ci-d«ftoin. 

lOX  14X  1«X 


22X 


»X 


»X 


J 


12X 


20X 


Th*  copy  filmad  hara  has  baan  raproduead  thanki 
10  tha  ganaroaitv  of: 

National  Library  of  Canada 


L'aicamplaira  film*  fut  raproduil  graca  *  la 
gintreait*  da: 

Bibllothaque  natlonale  du  Canada 


Tha  imaga*  appaaring  hara  ara  tha  bait  quality 
pouibia  Gonsidaring  tha  condition  and  lagibility 
of  tha  original  copy  and  in  Itaaping  with  tha 
filming  conwact  apacif icationa. 


La*  imagaa  luivantat  ont  ttt  raproduiias  avac  la 
piut  grand  soin.  compta  tanu  da  la  condition  at 
da  la  nanati  da  I'axamplaira  film*,  at  »n 
eonformita  avac  laa  conditiona  du  contrat  da 
tllmaga. 


Original  copiaa  in  printad  papar  covara  ara  filmad 
baginning  with  tha  front  covar  and  anding  on 
tha  laat  paga  with  a  printad  or  illuatratad  impraa- 
(ion.  or  tha  bacit  covar  whan  appreprlata.  All 
othar  briginal  copiaa  ara  filmad  baginning  on  tha 
first  paga  with  a  printad  or  illuatratad  impraa- 
aion.  and  anding  on  tha  last  paga  with  a  printad 
or  illuatratad  improssion. 


Laa  axamplairaa  originaux  dont  ia  eouvartura  an 
papiar  aat  imprimaa  sont  flimas  an  eommancant 
par  la  pramiar  plat  at  an  tarminant  soit  par  la 
darniara  paga  qui  cemporta  una  amprainia 
d'impraaaion  ou  d'lllustration.  soit  par  la  sacond 
plat,  salon  la  caa.  Toua  laa  autras  axamplairas 
originaux  sont  fllmaa  an  eommancant  par  la 
pramitra  paga  qui  eomporta  una  amprainta 
d'impraaaion  ou  d'illuatration  at  an  tarminant  par 
la  darnitra  paga  qui  eomporta  una  talla 
amprainta. 


Tha  last  racordad  frame  on  each  microfiche 
shall  conuin  tha  symbol  -^  (maening  "CON- 
TINUED"), or  tha  symbol  V  (meaning  "END"), 
whiehavar  appliaa. 

Mapa,  plataa.  charts,  etc..  may  be  filmad  at 
different  reduction  retios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
baginning  in  the  upper  left  hand  earner,  left  to 
right  and  top  to  bottom,  a*  many  frames  as 
required.  Tha  following  diagrams  illustrate  the 
method: 


Un  dee  aymbolaa  suivants  spparaitra  sur  la 
darnitre  imaga  da  cheque  microfiche,  seion  le 
caa:  la  symbola  —^  aignifia  "A  SUIVRE".  le 
aymbola  V  aignifia  "FIN". 

Las  cartaa,  planchaa,  tableaux,  etc..  peuvent  atre 
filmaa  i  dea  Uux  da  rtduction  diff*renis. 
Lorsque  le  document  est  trop  grand  pour  atre 
reproduit  en  un  soul  elicha.  il  est  filma  t  psrtir 
de  Tangle  supArieur  gaucha.  da  gauche  a  droite. 
at  da  haut  an  bes.  an  prenant  le  nombre 
d'imegee  nOcessaire.  Lee  diagrammes  suivants 
illustrent  la  mathoda. 


1  2  3 


1 

2 

3 

4 

5 

6 

MCOPV 

'••""'noti  mi  oun 

(ANSI  ind  80  TtSI  CHMI  n,.  2) 

i£ 

JJ_ 

S   us    120 

^s 

1 1.8 

^■IPPLIED  IN/HBF    l„c 

1053  Eail    Mam   SIrHl 

(Tie)  *«2  -  0300  -  Choo,  "^^ 

(/IS,  IU-5B9a-ra> 


'>Ti 


t*:^  /^i».   f<ff^f5?;'^  -^'  -jfF-^  K  3EfW5w»U4&r-T  .■^ 


THE  RELA'/ION  BETWEEN  THE 
LEGISLATIVE  AND  EXECUTIVE 
BRANCHES  OF  THE  CANADIAN 
GOVERNMENT 


ADAM  SHORTT 
OtkiM,0Mit 


Tbe  Amorhwi  PaBUal'SdMMltOTiai,  M«y.  l«i»S 
BidtlKon,  10..  U.  S.  A. 


"mi 


.    '  9^-:\\ 


•^ 


/L^  ^ftidh^X^ 


^i^MSp:sssiJM 


RnMaMri  htm  Tn  AmuCAJf  PoutMU  BniMI  Itmiw,  Vol.  VT!.  No.  l.  Hoy,  I»I3 


THE  llELATION  BETWEEN  THE  LEGISLATIVE  AND 

EXECUTIVE  BRANCHES  OF  THE  CANADIAN 

GOVERNMENT 

ADAM  8H0RTT 

Ottavia,  Canada 

As  is  well  known,  the  Canadian  system  of  government  belongs 
to  the  British  type  of  responsible  parliamentary  government  in 
which  there  is  the  most  intimate  connection  between  the  legis- 
Utiye  and  executive  functions,,  and  in  which  also  the  constitution 
IS  a  flexible  combination  of  laws  and  usages,  many  of  the  latter 
more  binding,  and  in  some  cases  even  more  unalterable  than  the 
laws.  However,  the  Canadian  system  of  government  was  not 
always  of  this  character,  and  even  yet  it  differs  in  many  more  or 
less  essential  features  from  the  central  type.    In  the  i.rst  place, 
the  line  of  historic  arrival  in  Canada,  v/hile  presenting  certain 
interesting  though  unconscious  parallels  with  the  development  of 
the  mother  of  parliaments,  yet  differs  materially  from  the  long, 
slow  and  tentative  process  by  which  the  British  government  and 
its  constitutional  mechanism  were  worked  out.    In  the  second 
place,  the  colony  of  Canada,  after  its  conquest  from  France,  was 
first  of  all  a  definite  dependency  of  the  mother  country,  to  which 
constitutional  privileges  were  granted  from  time  to  time,  and 
later  the  Dominion  of  Canada  was  a  combination  of  several  prac- 
tically independent  provinces  and  territories  in  varying  degrees 
of  economic  and  poUtical  realization.    This  involved  a  written 
constitution  apportioning  and  defining  the  divided  sovereignty 
assigned  to  the  Dominion  and  the  provinces,  leaving  that  element 
of  sovereignty  which  pertains  to  the  mother  country  indefinite 
181 


l! 


183 


Tll»  AMimOAH  POUTIOAL  aciaRcK  mviKw 


and  debatable,  a  tide  of  imperial  influence  which  ebbs  and  flows 
from  day  to  day,  and  is  subject  to  the  high  and  neap  tides  of 
imperial  sentiment, 

NotwithHtanding,  however,  the  important  difl'erences  between 
the  written  constitution  of  Canada  and  the  unwritten  constitu- 
tion of  the  mother  country,  and  the  very  considerable  differences 
in  the  customs  and  usages  of  the  constitution,  due  to  different 
historical  and  local  conditions,  the  relations  between  the  legis- 
lative and  executive  functions  are  very  similar  in  both  countries. 
To  understand  the  present  situation  of  the  Canadian  govern- 
ment, one  must  trace  it,  in  outline  at  least,  from  that  condition 
of  autocracy  whereunder  all  the  factors  of  government,  the  leg- 
islative, executive  -nd  judicial,  were  combined  in  one  sovereign 
authority  imposed  upon  the  colony  from  without,  through  the 
gradual  concession  of  powers  and  privileges,  under  a  constitu- 
tional government  of  checks  and  balances,  to  the  final  introduc- 
tion of  responsible  parliamentary  government  in  domestic  affairs, 
wherein  the  system  of  checks  and  balances  was  abandoned,  as 
regards  the  relations  between  the  legislative  and  executive 
branches,  and  a  government  of  men  rather  than  of  over-riding 
laws  was  established. 

Canada,  under  the  French  regime,  was  a  pure  autocracy,  built 
on  a  substratum  of  feudal  institutions  and  customs  imported 
from  France,  and  which  furnished  the  foundations  of  that  colon- 
ial system  upon  which  the  French  kings  and  their  representatives 
in  the  colony  might  freely  innovate.  Laws  were  made  and  re- 
pealed in  a  very  arbitrary  fashion  as  the  colony  was  administered. 
This  naturally  led  to  many  inconsistencies  and  conflicts  in  law 
and  authority.  But  the  unlimited  right  of  innovation  and  inter- 
ference which  brought  about  thbse  difficulties  was  equally  avail- 
able for  their  adjustment,  even  though  this  involved  the  creating 
of  new  difficulties. 

After  the  conquest  and  treaty  of  1763,  a  British  autocracy, 
with  equal  powers  but  more  restrained  in  their  execution,  suc- 
ceeded. Soon  finding,  however,  that  the  French  colonial  system 
gave  the  British  authorities  more  control  than  their  own  sys- 
tem, and  with  an  eye  to  the  increasing  difficulties  with  the  English 


THE  CINADIAK  OOVHWMNT 


in 


colonies  to  the  south,  the  Bt-.  government  restored  the  French 
laws  and  inatitutiona,  under  thi  Quebec  act  of  1774,  But  when 
at  the  clase  of  the  American  It«volution,  the  British  government 
had  to  provide  for  many  of  the  Loyalifts  in  Canada,  thev  found 
•t  difficult  to  persuade  them  that  a  fittinu  reward  for  their  adher- 
ence to  the  British  laws  and  institutions  in  the  revolted  colonies 
Tn  .  "L"""''"  *"  ""*  Canadian  wild  ■„  where  they  must  forego 
all  British  civU  laws  and  institutions  and  become  the  feudal  sub- 
jects of  an  English  Bourbon.  To  avoid  the  danger  of  a  second 
revolution  on  the  part  of  the  Loyalists,  the  constitutional  act  of 
1791  was  passed,  dividing  (^anada  into  two  provinces  and  adding 
to  the  previous  autocratic  siystem  of  an  appointed  governor  and 
council  the  democratic  feature  of  a  representative  house  of 
ajMembly.  The  French  element  being  in  the  ascendency  in  Lower 
Canada  retained  the  French  system  of  laws  and  institutions 
there,  whereas  the  British  ete.-^ent  in  Upper  Canada  adopted  the 
British  laws  and  institutions.  From  this  time  Canada  included 
two  nationalities  with  their  respective  institutions  and  ideals. 

Under  the  system  of  checks  and  balance  '  .tw<«n  the  repre- 
sentative assembly  with  legislative  powers,     .e  appointed  gov- 
ernor and  legislative  council,  also  with  legislative  powers,  and 
the  governor  and  executive  council  with  administrative  powers, 
the  Canadian  provincial  government  had  all  the  possibilities 
of  an  excellent  conflict  of  authority  without  any  definite  location 
of  responsibihty.   As  these  latent  powers  gradually  revealed  them- 
selves m  practice  they  were  worked  with  great  industry  and 
•eal.    The  power  of  the  purse,  usually  relied  upon  by  democratic 
assembhes  to  promote  sweet  reasonableness  on  the  pai-t  of  execu- 
fave  governments,  was  only  very  partiaUy  within  the  control  of 
the  Canadian  assemblies,  inasmuch  as  earUer  imperial  laws  and 
provincial  ordinances  ha.    provided  certain  permanent  revenues 
for  the  executive  government,  which,  together  with  the  .advances 
"ki  Lu''.  .   ^°'^^  Kovemment  through  the  miUtary  chest,  en- 
abled the  beleagured  executive  to  withstand  a  siege  of  considerable 
duration.    IncidentaUy,  many  urgent  needs  of  the  country,  in 
which  the  members  of  the  assemblies  were  vitaUy  intt-ested 
were  also  paralyzed  for  lack  of  funds.  ' 


IM 


TBI  AMIUCAN   POMTICAL  aCIUCCa  UVIIW 


Many  wen  the  devices  planned  by  the  aHuembly,  when  pawini 
appropriations,  to  limit  them  to  specific  objects  and  services,  in 
order  to  prevent  their  being  diverted  by  the  executive  to  the 
relief  of  those  sections  of  the  service  which  the  oswmbly  were 
endeavouring  to  starve  with  a  view  to  bringing  tlie  executive 
government  to  terms. 

R^arded  from  the  vantage  ground  of  the  present,  one  caraiot 
say  that  the  struggle  for  responsible  government  in  Canada  was 
a  struggle  for  progressive  measures.    It  was  s.  iply  a  struggle  for 
the  control  of  the  executive  goverrjnent  by  the  house  of  assem- 
bly.   The  members  of  the  assembly  had  little  conception  of  all 
that  was  involved  in  such  a  change.    It  is  true  that  even  at  pres- 
ent the  party  in  opposition,  not  having  to  maintain  its  power  b- 
a  well  disciplined  majority,  may  aUow  itself  considerable  freedom 
m  discussion  and  laxity  of  organisation.     Nevertheless,  there  is 
no  uncertainty  ou  the  part  of  its  leaders  as  to  what  is  involved 
on  assuming  the  responsibUities  of  office.    During  the  period  of 
the  struggle  for  responsible  government,  however,  there  was  the 
most  nebulous  conception  as  to  how  the  administration  was  to 
be  conducted,  should  the  control  of  the  government  pass  from 
the  governor  to  the  legislature.    Apparently  what  was  contem- 
pUted  by  the  more  clearsighted  of  those  who  were  clamoring 
for  responsible  government  before  1840,  was  not  the  British  form 
of  cabinet  government,  which  was  wholly  unknown  in  Canada, 
and  frankly  regarded  as  impossible  under  the  colonial  status,  but 
something  more  nearly  akin  to  the  American  system  than  that 
which  then  prevailed.    It  involved  the  rendering  of  the  legisla- 
tive council  an  elective  body,  and  thus  amenable  to  popular 
sentiment.     It  involved  also  the  continuance  of  the  executive 
government  as  then  constituted  under  the  control  of  the  governor, 
but,  in  all  matters  of  domestic  policy,  subject  to  the  general 
sanction  of  the  legislature,  through  the  power  of  the  latter  to 
grant  or  withhold  supplies.    In  matters  of  legislation  the  gov- 
ernor might  continue  to  have  a  limited  veto,  but,  without  the 
support  of  the  legislative  council  and  an  independent  source  of 
revenue,  it  was  reasonably  assumed  that  he  would  be  sparing  in 
the  use  of  it.    There  was  little  enthusiasm  for  the  cabinet  form 


THE  CANADIAN  OOnRNmNT  |g5 

Of  government,  with  certain  mombeni  „f  the  leguilature  a.  mem- 
ber, of  the  executive  council.  The  .«embly  hXaSyTn^Z 
that  experience  to  a  Umited  extent,  but  it  had  not  pr^vH  ve^ 
encouragmg,  inasmuch  a.  the  members  of  the  executiveVh^^ 

rJl'hr."''"^  '"■  '"^"'""^  -'Ployed  tSri^ueneHn 
i^LH  •  fl"  """"'"«'•'«  interest,  of  the  executive,  iS  1" 
u..ng  their  influence  with  the  governor  to  promote  the  M^Z 
of  the  a»embly  The  a«»mbly,  in  conjunction  with  a  reSd 
teg.,Ut.ve  council  amenable  to  the  people,  much  prefer^^l 
mean,  o    influencing  the  policy  of  the  executive,  the  cTtr-To" 

In  all  practical  discussion  of  responsible  government,  involv". 
^e  popular  control  of  both  sections  of  the  legislature  and  rZ 
Kquence  the  virtual  control  of  the  execu.  e  through  the  wwer 
of  the  purse  the  inevitable  question  alw,  emerged,  whatT^o 
become  of  the  governor  as  head  of  the  executive  i^iltra  LI 
and  of  his  veto  power  on  legislation,  and  ultimatc.roTheS 
connection.    The  representative  of  the  crown  and  of   he  ""^. 

under  penalty  of  being  starved  out. 
Had  the  British  dominions  in  North  America  been  fairly  homo- 

«oroTtV^Tt'""'"'KT"™"P'^*'^~'^P'^<'«"^he""^ 
t^on  of  the  problem  might  havo  been  rather  obvious     But  the 

co^H  *  r'""^  "'"  ""'  P-^P""*  to  ""it*  "ith  Canada  and 
could  not  have  effectively  done  so;  while  to  have  severed  Sa 
from  Britain   whether  as  one  or  two  provinces,  would  ha^^Tn 

elemenf."^H  '"  "  ""  """  '^"^«"'  "">  ^"""'^  "«"'  Engl  sh 
elements,  and  annexation  to  the  'Jnited  States  as  the  only  S  u 
tion  for  either  side.  But  while  the  French  were  not  aver^  to 
separation  from  Britain,  the  all-powerful  clerical  element  w^ 
even  more  averse  than  the  English  section  to  any  p^slt^ 
^exation  to  the  United  States,  They  very  naturaSy  St^ 
the  possibihty  of  retaining  their  exceptional  civil  and  relil^ 
powers  and  privileges  within   the  American   Union.    cS 

of  more  or  less  continual  deadlock  between  the  popular  aiembv 
and  the  executive  government.  assemoiy 


IM 


THE  AHKRICAN   POUTICAL  SCIENCE  REVIEW 


But,  if  there  was  no  hopeful  solution  in  sight  from  the  Canadian 
side,  there  might  be  from  Britain,  and  it  was  ultimately  from  this 
direction  that  relief  came.  Lord  Durham's  report  of  1838,  pre- 
senting an  interesting  and  striking  picture  of  the  impasse  at 
which  Canada  had  arrived,  and  indicating  the  necessity  for  some 
change  which  would  afford  the  people  more  power  in  their  domes- 
tic affairs,  came  at  the  psychological  moment,  following  a  rather 
serious  rebellion  in  Lower  Canada  and  an  abortive  one  in  Upper 
Canada.  The  British  govenunent,  reaUzing  that  something  de- 
cisive must  be  attempted,  in  spite  of  the  vigorous  protests  of 
practically  all  the  imperialistic  elements  in  both  Britain  and 
Canada,  decided  to  attempt  the  bridging  of  the  gap  between  the 
legislative  and  executive  branches  of  the  Canadian  government. 
Convinced  that  this  must  be  accompanied  by  some  remedy  for 
the  fundamental  mistake  of  the  past  in  dividing  Canada  on 
racial  lines,  the  British  government  passed  an  act  for  the  reunion 
of  Upper  and  Lower  Canada  into  one  province.  Recognizing  in 
this  the  likelihonr'  of  a  British  instead  of  a  dual  national  future 
for  the  coimtry,  the  French  section  opposed  the  measure  most 
strenuously,  and  when  it  was  passed  adopted  as  its  policy  in  the 
first  legislative  the  repeal  of  th3  union.  This  naturally  pre- 
vented the  French  members  being  admitted  to  that  share  in  the 
executive  government  to  which  their  numbers  and  influence 
would  otherwise  have  entitled  them,  and  to  which  they  were 
subsequently  admitted,  when  the  policy  of  disrupting  the  union 
was  largely  abandoned  The  ultra-conservative  party  in  Upper 
Canada  also  strongly  opposed  the  union  on  account  of  the  pro- 
fessed intention  of  the  British  government  to  meet,  as  far  as  pos- 
sible, the  aspirations  of  the  popular  party  for  a  voice  in  the  exec- 
utive government. 

The  first  governor  of  United  Canada  had,  therefore,  to  find, 
if  possible,  a  practical  solution  for  the  new  Canadian  problem 
which  confronted  him,  and  which  involved,  on  the  one  hand, 
the  attempt  to  maintain  a  united  Canada  with  nearly  half  the 
population  bent  on  its  disruption,  and,  on  the  other,  an  attempt 
to  construct  an  executive  government  whose  personnel  and  policy 
would  satisfy  the  majority  of  the  popular  representatives  in  the 


THI  CANADIAN  QOVBRNHEHT 


187 


assembly,  prove  acceptable  to  the  legislative  council,  and  at  the 
same  time  meet  the  approval  of  the  home  government.  Such 
was  the  task  entrusted  to  Lord  Sydenham.  In  addition  to  a 
fortunate  combination  of  personal  qualities,  he  was  the  first 
Canadian  governor  who  was  a  trained  politician,  a  member  of 
the  British  parliament  and  a  member  of  the  British  cabinet. 
Practically  all  of  the  imperialists  in  Britam  and  in  the  colony 
itself,  regarded  the  parliamentary  system  of  cabinet  government 
as  quite  impossible  of  operation  in  the  colonies.  It  was  held  to 
be  indispensable  that  the  executive  government  should  hold  itself 
aloof  from  the  popular  branch  of  the  legislature,  and  that  some 
such  system  of  distinct  powers  with  mutual  checks  and  balances 
as  that  of  the  United  States  was  the  only  workable  one  consistent 
with  the  retention  of  the  colony  as  a  part  of  the  British  Empire. 
All  these  predictions,  however,  Lord  Sydenham  completely  belied, 
for  he  boldly  introduced  the  British  parliamentary  system  into 
Canada,  thus  completely  revolutionizing  the  previous  system  of 
colonial  government.  This  he  accomplisiied  by  personally  under- 
taking its  introduction,  directly  combining  in  himself  the  duties 
of  governor-general,  prime  minister,  and  party  leader.  He  initia- 
ated  his  personally  selected  cabinet  mto  the  mysteries  of  cabinet 
government,  dependent  for  its  Ufe  upon  retaining  the  support  of 
a  majority  of  the  legislature  including  the  assembly  and  the  coun- 
cil. To  accompUsh  this,  he  organized  and  maintained  for  the 
first  time  in  Canada  a  government  party,  of  which  he  was  the 
recognized  leader  and  upon  which  he  depended  for  getting  his 
numerous  and  important  bills  through  the  legislature,  for  voting 
the  necessary  supplies,  and  supporting  his  executivegovemment. 
It  must  be  admitted  that  the  government  party  was  dependent 
largely  upon  the  pereonaHty  of  the  governor  for  its  numerical 
strength  and  cohesion.  Nevertheless  on  his  untimely  death,  he 
left  to  his  successor,  Sir  Charles  Bagot,  a  fairly  united  government 
party,  to  which  Bagot  was  able  to  add  a  certain  French  element 
which  had  agreed  to  abandon  the  policy  of  disrupting  the  union. 
Of  course  the  maintenance  of  an  organized  government  party  led 
to  the  formation  of  an  opposition  party  on  fairly  definite  lines. 
This  was  evidenced  when  Lord  Metcalfe,  disagreeing  with  the 


in 


THE  AHXBICAH  POLITICAL  BCISNCE  BBVIEW 


leaders  of  the  government  left  to  him  by  Ba«ot,  virtually  accepted 
the  leadership  of  the  opposition  and  defeated  the  party  organized 
by  Sydenham  and  Bagot.  He  formed  a  new  government  which 
held  office  until  the  arrival  of  Lord  Elgin  in  1847.  By  this  time 
the  two  parties  were  fairly  well  defined  and  the  essentials  of 
party  government  sufficiently  well  organized.  The  party  formed 
by  Lord  Sydenham  and  reorganized  by  Bagot  had  naturally 
gravitated  to  the  Liberal  side,  while  the  Metcalfe  party,  taking 
its  color  from  its  leader,  as  naturally  gravitated  to  the  Conserva- 
tive side. 

When  Lord  Elgin  took  over  the  government,  finding  the  polit- 
ical parties  sufficiently  organized,  and  not  being  particularly 
enamoured  of  the  party  then  in  power,  conditions  were  at  a  con- 
venient stage  for  his  adopting  a  neutral  attitude  towards  both 
parties.  He  therefore  declared  that  he  would  accept  as  his 
ministers  the  leaders  of  any  party  able  to  secure  the  support  of 
the  popular  majority.  This  new  attitude  on  the  part  of  the 
governor  was  bitterly  resented  by  the  members  of  the  govern- 
ment then  in  power,  who  expected  him  to  continue  the  role  of 
party  leader  as  well  as  of  governor-general.  Shortly  afterwards 
at  the  general  election  the  Metcalfe  or  Con8er\'ative  party  was 
decisively  defeated,  the  Liberal  party  being  returned  to  power. 
The  governor-general  was  thus  able  to  practically  demonstrate  the 
validity  of  his  position.  He  freely  accepted  the  change  of  gov- 
ernment with  Messrs  Baldwin  and  Lafontaine  jointly  assuming 
the  functions  of  the  premiership  and  party  leadership,  while  Lord 
Elgin  confined  himself  to  the  functions  of  governor-general. 
Thus  from  1848  the  Canadian  system  first  definitely  assumed  its 
present  form,  the  governor  taking  virtually  the  same  position  in 
the  Canadian  parliamentary  system  as  the  sovereign  does  in 
that  of  Britain. 

By  simply  standing  aloof  from  the  strife  of  parties,  the  governor 
threw  on  his  ministers  the  whole  responsibiUty  of  the  government, 
both  legislative  and  executive.  While  accepting  their  advice  and 
sanctioning  then-  program,  so  long  as  they  had  the  confidence  and 
support  of  the  majority  of  the  legislature,  he  yet  decUned  to 
fight  their  u  .ttles  or  shield  them  from  the  consequences  of  adverse 


THE  CANASUN  OOVERNHZNT 


189 


criticism  resulting  in  adverse  votes.  One  of  the  most  important 
and  far-reaching  consequences  of  the  chage  effected  from  Syden- 
ham to  Elgin,  was  the  fact  that  the  executive  government,  in- 
cluding the  whole  civil  service,  found  itself  transferred  from  the 
service  and  protection  of  the  governor-general,  to  the  service  and 
disposal  of  the  cabinet  composed  of  the  party  leaders,  who  were 
chosen  more  frequently  perhaps  for  their  political  power  and  influ- 
ence than  for  their  administrative  experience  and  capacity.  Fav- 
oritism of  a  very  pronounced  character  had  existed  under  previous 
administrations,  but  it  was  a  social  and  personal  favoritism  as 
contrasted  with  one  dictated  by  party  considerations  and  the 
necessity  for  maintaining  a  political  majority.  Further  inter- 
esting consequences  resulted  from  the  fact  that  the  party  lead- 
ers, who  now  became  the  heads  of  the  different  sections  of  the 
executive  government,  did  not  necessarily  follow  common  stand- 
ards in  the  detailed  administration  of  their  departments.  So 
long  as  they  agreed  on  the  essentials  of  the  party  program,  they 
might  assume  a  considerable  range  of  freedom  in  departmental 
administration,  including  the  character  of  appointments  and 
promotions. 

It  is  to  be  noted  that  the  field  of  Canadian  politics  to  which  the 
responsible  parliamentary  system  applied,  did  not  as  yet  extend 
beyond  the  strict  confines  of  domestic  affairs.  Foreign  relations 
and  the  regulation  of  external  trade  were  still  dealt  with  by  the 
home  government,  subject,  of  course,  to  such  influences  as  peti- 
tions and  addresses  from  colonial  interests  might  exercise.  At 
the  very  tune,  however,  when  Lord  Elgin  was  placing  the  cope- 
stone  on  the  structure  whose  foundations  Lord  Sydenham  had 
laid,  questions  of  fiscal  tariffs,  trade  relations  with  Britain  and 
the  United  States,  and  the  reconstruction  of  the  navigation  acts, 
were  profoundly  agitating  the  Canadian  people  and  were  the 
subjects  of  endless  petitions  to  the  crown  and  parliament  of 
Britain,  on  the  part  of  both  houses  of  the  legislature,  the  execu- 
tive government  and  the  leading  commercial  interests.  In  con- 
sequence, from  this  time  forward,  the  definition  of  domestic 
affairs  has  been  steadily  widening,  nor  is  the  end  even  yet  in 
sight. 


IW 


THB  AHIBICAN   POUTICAL  SCIIWCB  BBTIEW 


As  regards  the  iictual  relations  of  the  legislative  and  executive 
features  of  the  Canadian  government  at  the  present  time,  cer- 
tain fundamental  considerations  are  to  be  recognized.  In  the 
first  place,  the  Canadian  system  is  a  thoroughly  democratic  one, 
exhibiting  all  the  strength  and  most  of  the  weaknesses  of  such  a 
government.  Democratic  bodies  extending  over  considerable 
areas  are  singularly  inarticulate.  They  are  apt  to  render  ver- 
diccs  on  simple  isolated  policies,  or  more  commonly  on  general 
administrations  with  a  certain  rough  vigour,  but  they  cannot 
give  clear  expression  to  their  wishes  in  advance.  It  is,  therefore, 
the  function  of  the  party  leaders,  after  Ustening  to  a  babel  of 
voices,  public  and  private,  corporate  and  personal,  to  carefully 
balance,  analyse  and  estimate  them,  and  to  piece  together  from 
these  sporaxiic  symptoms  of  the  popular  will  a  policy  of  legislation 
and  administration  which  will  admit  of  being  successfully  com- 
mended to  public  support.  Rival  policies  are  thus  constantly 
commended  to  the  pubUc,  and  that  is  the  most  .successful  form 
of  democracy  where  the  public  will  can  be  most  constantly  and 
thoroughly  tested  as  to  its  acceptance  or  rejection  of  these  rival 
policies,  not  only  in  their  inception  but,  where  enacted,  during 
the  whole  course  of  their  execution. 

Where  responsibiUty  for  the  framing  of  public  measures,  for 
their  financing  from  the  pubUc  treasu.y,  and  for  their  practical 
realization,  is  divided  between  different  governmental  bodies  and 
even  between  different  political  parties,  it  is  impossible  to  fix 
responsibility  directly,  rapidly,  and  effectively.  It  is  perhaps  the 
chief  merit  of  the  Canadian  system  that  f,he  same  body,  the  party 
government  for  the  time  in  power,  has  all  these  functions  to 
perform.  It  therefore  can  neither  escape  responsibility  for  any 
particular  measure  or  policy,  nor  prevent  the  accumulation  of 
responsibiUty  for  all  that  transpires  both  in  the  legislature  and 
the  administration  of  the  country  during  its  term  of  office.  Nor 
can  the  party  as  a  whole  escape  this  responsibility,  for  the  nower 
of  the  cabinet  is  derived  entirely  from  the  support  which  it  re- 
ceives from  the  rank  and  file  of  the  party  members  constituting 
the  majority  of  the  house  of  commons.  Any  defection,  there- 
fore, among  the  supporters  of  the  government  is  at  once  a  public 


TBI  CANADIAN  OOVERNMENT 


191 


indication  of  doubt  or  disapproval  of  the  government's  course 
and  the  nature  and  importance  of  the  interests,  or  of  the  sections 
of  country  which  the  disaffected  members  represent,  aro  the  meas- 
ure of  the  importance  of  their  criticism  upon  the  government. 
If,  however,  the  defection  is  serious  enough  to  destroy  the  gov- 
ernment majority  in  the  house,  the  cabinet  goes  out  of  officp  and 
the  defeat  of  the  cabinet  means  the  defeat  of  the  whole  party  for 
the  time  being. 

It  is  not  recessary,  therefore,  to  await  a  general  election,  at 
the  end  of  a  given  period,  to  test  Canadian  public  opinion.  At 
any  time  circumstances  may  arise,  accompanied  by  various  man- 
ifestations of  popular  sentiment,  forcing  the  government  to 
submit  its  policy  to  the  people  for  their  verdict.  Or  the  govern- 
ment may  lose  its  suppor*.  in  the  house  of  common.s  and  be  de- 
feated without  a  specific  appeal  to  the  people  at  large.  In  the 
latter  case,  with  the  consent  of  the  governor-general  the  cabinet 
may  appeal  to  the  r»ople  aa  against  their  representatives  in  par- 
liament. But  without  any  such  decisive  measures,  which  occur 
only  at  rare  intervals  and  on  special  issues,  the  executive  govern- 
ment, being  held  responsible  for  every  law  passed  and  for  all 
acts  of  administration,  is  constantly  on  trial  before  the  people. 
Its  parliamentary  supporters  are  equally  on  trial,  though  in  a 
somewhat  minor  degree.  Every  member  of  parliament  is  a 
touchstone  of  public  opinion  in  his  district  and  if  a  supporter 
of  the  government  he  is  not  backward  in  admonishing  it  as  to 
any  unpopular  line  of  action  which  it  is  taking.  The  very  gov- 
ernment itself  may  be  divided  in  opinion  on  this  or  that  policy. 
These  differences  may  be  due  either  to  personal  convictions  or 
to  the  popular  sentiment  of  the  districts  which  the  members  of 
government  represent.  If  they  can  compromise  their  differences 
well  and  good,  but  if  not,  more  or  less  radical  reconstruction  of 
the  cabinet  may  be  necessary.  Thus  a  continual  process  of 
adjustment  to  public  opinion  is  going  on,  alike  in  the  ranks  of 
the  government  and  of  the  opposition.  It  is  in  this  connection 
that  the  Canadian  parliamentary  system  provides  a  very  effective 
barometer  of  public  opinion  and  is  therefore  a  very  effective  instru- 
ment of  democracy. 


192 


THE   AUEBICAN   POLITICAL  ■CIIWCX  MriCW 


process  o?p'ar"iCi't':rer  "^hf"  "'"r^"  ""' 
the  country  and  of  itLlf  in^         T.     '"-'«»<''»°K  mtereste  of 


THE  CANADIAN  OOVBUniTOT 


193 


accumulation  of  power  and  responaibiUty  in  the  hands  of  the 
prune  mmister.  This  i.  due  to  no  thirst  for  power  on  the  part 
of  recent  prune  mmUters.  It  is  forced  upon  them  to  a  gnater 
extent  than  they  altogether  relish.  Deputations  seeking  new 
Illation  or  urging  the  enlargement  of  old  or  theassumption 
of  new  adnumstrative  functions,  must  see  the  prime  minister, 
under  the  conviction  that  his  will  is  the  last  word  in  acceptinn 
or  rejectmg  amendments  to  the  government  policy.  It  is  che 
premier  who  has  the  right  to  select  the  personnel  of  his  cabinet, 
and,  therefore,  he  is  held  responsible  for  their  actions.  The  cab- 
T^A  'f^  ff""  the  few  advisoiy  members  without  portfolios, 
conduct  the  whole  administration  of  the  country  through  the 
vanous  departments,  of  which  they  are  the  chiefs.  In  virtue  of 
theu-  command  of  the  national  policy,  they  require  to  control  the 
lepslative  machinery  as  well.    They  may  not  originate  all  leg- 

^ItT'^  ^°"'  """  ^"^^'^^  "'  ""y  ^Portance  can  be 
mtroduced  with  any  certainty  of  becoming  law,  it  must  be  ap- 

N«»T^..  »K  "^f^  ^^  """  ""''"*'  "«  "  Kovemment  measuiC 
!!  IT^^'  "t-^T'  """  ^"^^  '^  government  measures  only 
such  biUs  as  axe  hkely  to  meet  with  public  favour,  and  thus  add 
TK  P"''*'""'  P-iestige  an<l  augment  their  political  capital. 

These  are  the  conditions  also  of  enlisting  the  support  of  the  party 
both  withm  and  without  parliament  and  thus  ensuring  the  pass- 
mg  of  Gover^aent  bills.  The  govermnent  may,  of  course,  pei^ 
nut  considerable  legislation  of  a  private  nature,  not  involvinir 
government  expenditure,  to  go  forward  under  the  direction  of 
mdividual  members,  but  it  must  keep  a  veiy  close  watch  on  all 
such  bills,  for,  if  anythmg  of  an  objectionable  nature  slips  through 
parhament  as  a  private  bill,  the  whole  responsibility  is  laid  at 
the  door  of  the  government,  inasmuch  as,  in  virtue  of  its  command 
of  the  government  majority  in  the  house,  it  had  the  power  to 
prevent  the  passing  of  objectionable  measures.  Nor,  as  exper- 
ience has  repeatedly  proved,  will  it  avail  the  government  to  show 
that  a  private  measure  was  passed  by  a  combination  of  opposi- 
lon  and  government  votes,  since  the  government  had  the  power 
to  nmke  the  issue  a  government  question,  when  its  foUowers 
would  have  had  the  option  of  defeating  the  measure  or  defeating 


IM 


THB  AliniCAK  POUnOAL  ■CIINCl  BEVIEW 


the  govenunent.  It  is  ufe  to  »y  that  they  would  never  aooept 
the  latter  alternative  on  a  measure  which  was  not  of  primary 
unportanoe  and  could  not  be  fuUy  justified  before  the  country 
This  wiU  account  for  the  limited  volume  and  generally  restrained 
chMMter  of  the  legislation,  which  emanates  from  the  Canadian 
parliament,  and  indeed  from  most  of  the  Canadian  legislatures. 
And  maamuch  as  the  same  body  which  shapes  and  promotes  the 
legistation  has  also  to  undertake  the  enforcement  and  admin- 
istration of  It,  not  many  Canadian  acts  are  permitted  to  become 
dead  letters  or  mere  means  for  clogging  the  wheels  of  justice  and 
adnmustratioD.  To  this  in  turn  may  be  attributed  the  very  gen- 
eral respect  for  law  and  justice  throughout  Canada,  and  the  lack 
of  any  definite  tendency  on  the  part  of  the  people  to  take  the 
law  mto  theu'  own  hands,  whether  by  the  milder  and  more  decor- 
ous avenue  of  the  referendum  and  recaU,  or  the  less  patient  meth- 
ods of  lynching  and  mob  violence. 

From  what  has  been  said  it  will  be  recognized  that  it  is  the 
executive  branch  of  government,  as  represented  by  the  prime 
minister  and  his  cabinet,  which  controls  the  legislative  branch 
And  yet  it  would  not  be  fair  to  say  that  this  control  is  one  of 
dictation:  it  is  simply  one  of  leadership  wherein  the  followere 
have  ibe  latent  power  to  desert  or  depose  their  leaders.  In  addi- 
tion to  the  constant  interchange  of  views  between  the  leaders 
and  theu-  supporters  in  both  political  parties,  formal  party  con- 
ferences take  place  from  time  to  time  during  the  sessions  of  par- 
liament. In  these  private  gatherings,  known  as  party  caucuses 
the  more  unportant  features  of  party  poUcy  are  discussed.  In 
the  case  of  the  govenunent  caucus,  the  ministers  explain  and 
defend  tJieir  proposed  measures  and  departmental  administrar 
tion,  where  the  latter  may  be  called  in  question,  and  receive 
such  commendation  or  admonition  as  the  private  members  of 
the  party  feel  moved  to  deUver.  But  whatever  curtain  lectures 
may  be  admmistered  in  these  family  gatherings  the  party  appears 
m  pubUc,  and  especiaUy  in  the  presence  of  its  poUtical  oppon- 
ents, as  a  cheerful  and  united  family  wherein  discipline  is  weU 
mamtained. 
It  may  be  asked  whether  in  the  face  of  this  concentration  of 


THB  CAHADIAH  aOTIKMIUHT 


IM 


power  and  responsibility  in  the  hands  of  the  prime  minister  and 
his  cabinet  in  control  of  a  well  disciplined  majority  of  govern- 
ment supporters,  the  opposition  is  reduced  to  mere  futility.    In 
reply,  one  may  say  that,  while  the  party  in  opposition  is  entirely 
futile  as  regards  administrative  authority,  or  even  tho  passing 
of  laws,  it  is  nevertheless  a  far  more  important  factor  in  both 
legislation  and  administration  than  if  sections  of  it  had  the  power, 
by  log-rolling  combinations  with  various  elements  of  the  govern- 
ment party,  to  secure  the  passage  of  certain  measures  for  the 
acquiring  of  private  or  corporate  privileges  concerning  which  the 
parties  were  not  pledged  before  the  country.    The  very  monopoly 
of  responsibility  by  th(  party  in  power,  with  the  consequent 
rewards  of  credit  and  discredit,  gives  to  the  opposition  corre- 
sponding advantages  and  disadvantages,  the  former  of  which  en- 
able it  to  be  most  effective  in  criticism  of  the  government,  at 
least  on  all  matters  which  appeal  to  the  public  interest.    The 
opposition  can  effectively  check  the  mistakes,  inefficiencies  and 
tendencies  to  corruption  on  the  part  of  the  government,  if  it 
takes  the  pains  to  do  so.     In  fact,  given  the  persistent  pressure 
put  upon  the  government  by  the  forces  of  selfishness,  whether 
individual,  corporate,  or  sectional,  in  all  its  shades  from  enter- 
prising self-reliance  to  cynical  and  unblushing  corruption,  the 
safety  of  the  government  and  of  the  country  depends  more  upon 
the  vigilance  of  the  opposition  than  upon  the  good  intentions  of 
the  government  supportera.    The  prime  minister  is  often  more 
indebted  to  a  vigorous,  alert  and  intelligent  opposition  for  the 
maintenance  of  harmony  in  the  cabinet  and  discipline  among  his 
followers,  than  to  the  domestic  resources  of  his  party  outside 
of  his  own  personality.    But  the  assistance  from  the  opr  Dsition 
is  not  merely  in  the  line  of  adverse  criticism.    Certain  of  its 
members  contribute  valuable  constructive  features,  gladly  ac- 
cepted and  applied  by  the  wiser  ministers,  to  the  improvement 
of  their  departments  and  the  enhancement  of  their  reputations. 
Indeed,  the  readiness  of  far-sighted  ministers  to  accept  and  apply 
the  more  valuable  suggestions  of  the  opposition,  is  not  always 
appreciated  by  the  ministerial  critics,  who  frequently  present  the 
suggestions  as  alternative  propositions,  which,  it  is  hoped,  may 


IB!  AiinicAN  rounc*!.  KicKci  aBniw 


IW 

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«7^?^  L^  govmunent,  however,  thi.  «lvMtag.  i,  I«,t 

mtn  the  puiiee.    Thu  merely  aervee  to  indicate  tlwt  the  motive! 

nuhn^rS^"*  '*^'"  "  ""''  "^f""  contributioMTtZ 
P^el/«  «,  .pt  to  be  of  ,  mixed  nature.    All  "at  I  L 


"/MM 


■  kr 


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'fi-it'C  J.'.> 


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